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My girlfriend and I certainly been guilty of checking out vacant houses for sale without permission.
I've never heard a peep from anybody except one time. We looked at a house for sale in the neighborhood we were considering and were amazed at the incredible collection of junk in the neighbor's back yard. Apparently the neighbor was unhappy we were looking at her treasure trove through the chain link fence, and had some unkind remarks. Certainly helped take that property off the list without wasting a realtor's time.
Yeah, I probably shouldn't do it, but I have no ill intent. And I am hardly concerned if anybody calls the cops, I am long gone before they ever show. I know even were the popo to show up before we leave the worst thing that can happen is they will tell me to leave, and I will. Nobody is going to jail because they walked into somebody's yard.
A complete misstatement of the discussion showing the poor judgement of some of the regular posters here. It really illustrates that some do not even know their local laws.
It may seem illogical to someone so smugly self-flattering, but decent considerate adults often have little need to push legalistic crapola to rationalize crummy behavior than might people with no concern for others.
I foresee a new CD poll coming, referring the case to the court of public opinion.
So let's throw a monkey wrench into this discussion. Property in question has a "garage sale" sign in the yard. Is this now an invitation to trespass? Sign posted advertising something IS for sale. If someone has something for sale publicly, not privately, it is to be expected people are invited inspect before buying ANYTHING.
Open garage door with the goods displayed? Or, closed doors and no signs of life? Or something in between?
Most of our garages face the streets, so you commonly see what is happening.
I surely think a sign, but closed doors wouldn't be an invitation to enter the back yard and wander around.
It may seem illogical to someone so smugly self-flattering, but decent considerate adults often have little need to push legalistic crapola to rationalize crummy behavior than might people with no concern for others.
I foresee a new CD poll coming, referring the case to the court of public opinion.
And agents who don't know the basic laws of their locale should probably avoid commenting on such subjects.
So you can't personally wander through a back yard of a vacant house as you wait for clients? You have to wait on the street or the sidewalk until they show up? Can't go in and open the blinds without them because it would be trespass? Really?
There was absolutely nothing in my note that dealt with clients. Only with agents. So you guys don't have a permissive access code? All showings require an appointment and a listing agent present? Really?
Funny - Not the way it was when my daughter bought her house outside Portland.
Um, I have permission via the MLS. Seriously, you are unable to differentiate betweeen authorization given an agent on the MLS and random people walking around a house?
The OP is upset about unagented buyers walking around the property. Unagented buyers don't have permission via the MLS. This isn't a hard concept to see the difference.
Unless the MLS contract boilerplate specifically gives permission for licensed agents to enter the property please explain how a private organization can have its members treated differently under the law than any other citizen.
Because that is what the MLS is. It is an agreement to cooperate to show and sell each other's properties. The SELLERS sign a WVMLS document that allows agents access to their home via a lockbox and showing instructions. MLS members are required to follow the showing instructions because that is the authorization for access that the SELLERS signed.
I'm not aware of a seller signing any document giving buyers access to their property via showing instructions. You have sellers of homes do that where you are?
I don't think having a garage sale implies the everything on the property is for the taking, either.
Nor is a sale sign on a car permission to take it for a test drive.
There are, as with most things, reasonable limits.
Would you not enter a driveway and walk around a car which had a for sale slgn on it? It is common here to park a car with a for sale sign at the head of a cul-de-sac and it is expected that people will get out and examine it. But note these cul-de-sacs are all private property.. There is an easement to pass through but not to stop or park. So is it trespass? Nah.
That is the peeping statute. Quite irrelevant in these situations. There is nothing surreptitious about these viewers.
Tell that to the 13-year-old teen freaked out by the agent and buyer peeking through the window on one of my listings. I bet if you ask ANY police officer they would have a problem with this behavior because it is why criminals do to case places.
Um, I have permission via the MLS. Seriously, you are unable to differentiate betweeen authorization given an agent on the MLS and random people walking around a house?
The OP is upset about unagented buyers walking around the property. Unagented buyers don't have permission via the MLS. This isn't a hard concept to see the difference.
So actually you agree that the MLS system provides the right to check out a back yard? So there we agree.
And at least in NV and NC there is actually no law violated by walking into a back yard that is not fenced or posted. I would certainly consider it impolite on an occupied house. On a vacant one? Then it is hard to figure out to whom you are being impolite.
It is now I think established that we do have MLS codes in NV that allow entry to a property with no appointment or permission from anyone. And how is it in your locale?
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